Class Executive Procedure

The Course Unit will provide students with the knowledge of when they can resort to executive action and for what purposes, as well as enable them to correctly identify all enforceable titles, types of processes, and means of responding to execution and seizure. Furthermore, students will be able to understand how credit rankings and creditor competitions are carried out, and should also identify the advantages and in which cases the pre-executive extrajudicial procedure can be used, as well as the recourse to the special eviction procedure.

Not applicable

1. Executive protection and the paradigm of non-judicial resolution 2. Fundamental principles in civil procedure 3. Forms of the enforcement process 4. Enforcement officer and execution judge 5. Concept, purposes, and types of enforcement and their titles: enforcement for payment of a specific amount, delivery of a specific thing, and performance of an act 6. Specific and general prerequisites of enforcement II. Enforcement for payment of a specific amount - ordinary and summary procedures 1. Initial application and provisional order 2. Summons and waiver of prior summons of the debtor by provisional order 3. Debtor's objections 4. Seizure and rules regarding what can be seized 5. Objection to seizure 6. Convening and meeting of creditors 7. Termination of enforcement III. Other enforcement procedures 1. Eviction action and PED 2. Injunction regime 3. PEPEX

Use of IT resources in the context of classroom activities.

Freitas, J. L. (2024). A Ação Executiva (8.ª ed.). Gestlegal Gonçalves, M. C. (2022). Lições de processo civil executivo (5.ª ed.). Almedina Pinto, R. G. (2018). A Ação Executiva. AAFDL Editora.